Family members say after Joshua and his dad were treated at a nearby hospital, a state agency took temporary custody of the child as it investigates the family, the circumstances of the crash, and why the two were out in the middle of the night.

“They took over, just because they say it’s neglect driving at that time,” said Columna.

State workers apparently have lots of questions.

“If he was intoxicated, or was not, or what is going on,” said Columna.

Family members say state workers have already visited the home on Thursday.

They say Tito Garcia has been working a lot as a computer technician and moving as well so he has not slept much, and that could be a reason for the crash.

“He usually drinks a lot of Red Bull,” said Rigoberto Guardado, whose daughter is married to Tito. “Sometimes he don’t even sleep.”

The family does not know why father and son were on the road at 3 a.m.

Joshua’s grandparents have come in from New York to help.

It is possible charges could be filed against Tito. But whatever happens, nothing takes away from the brave actions of his son.